Government of India Phone: 2367‐3662

Ministry of Communications and Information Technology 2367‐6577

2367‐7543
Deptt. of Electronics & Info. Technology , STQC Directorate Fax: 2367‐9472
ELECTRONICS REGIONAL TEST LABORATORY (EAST) 2367‐8974
Block‐DN, Sector‐V, Salt Lake, Kolkata – 700 091
WEST BENGAL, INDIA E‐mail:
gbiswas@stqc.nic.in

TENDER DOCUMENT

FOR

Category ADVERTISED (SINGLE‐BID) TENDER

Item Name Pink Noise Generator

Tender No. ERTL(E)/PUR/66/24-2013/Vol.-2/OT-108/2014-15

Tender Issue Date 22‐Aug‐2014

Seek Clarification End
Up to 17:00 HRS. ON 10‐Sep‐2014
Date
Closing Date AT 17:00 HRS. ON 19‐Sep‐2014

BID Opening Date AT 11:00 HRS. ON 22‐Sep‐2014

EMD Amount Rs.16000/=

[ This Page is an integral part of the Tender Document and contains critical information ]

Deputy Director
For and On behalf of the President of India

Page 1 of 23
 Government of India
Ministry of Communications and Information Technology
Deptt. of Electronics & Info. Technology , STQC Directorate
ELECTRONICS REGIONAL TEST LABORATORY (EAST)
Block‐DN, Sector‐V, Salt Lake, Kolkata – 700 091
WEST BENGAL, INDIA

TO
ALL INTERESTED BIDDERS

INVITATION OF TENDER

Sealed Tenders are hereby invited by the Director, ELECTRONICS REGIONAL TEST LABORATORY (EAST),
Kolkata, for and on behalf of the President of India, from interested and eligible Bidders for the Items under the
terms and conditions and as per specifications mentioned in the following Tender Document in the manner
prescribed. Bidders are requested to kindly use, if required for specific documentation, the formats prescribed.

In case any clarification is required for filling the bid document or submitting the same, the prospective
bidder may contact Sh. G. Biswas, Deputy Director (Telephone No. 91‐033‐2367‐3420 / Email:
gbiswas@stqc.nic.in), latest by the Pre‐Bid Meeting Date / Seek Clarification Date notified hereinabove.

Chapter – I : Instructions to Bidders

1 Definitions In this Document, unless otherwise specified, the following definitions shall
take effect.

(a) “Purchaser” shall mean this Laboratory or any of it’s Subordinate

Establishment or Project Office;

(b) “Importer” shall mean this Laboratory or any of it’s Subordinate

Establishment or Project Office, when the articles/ services are to be procured from
overseas agencies, whether directly or through a duly authorized and registered Indian
Agent;

(c) “End User” shall mean this Laboratory or any of it’s Subordinate
Establishment or Project Office or any of it’s sister Laboratories/ Centres or it’s HQrs./
any higher establishment;

(d) “Consignee” shall mean this Laboratory or any of it’s Subordinate

Establishment or Project Office in the city of Kolkata, India.

(e) “Bidder” shall mean a person or a body of persons, duly registered (with
up‐to‐date validation, whenever renewal is required) with the appropriate authorities,
wherever such registration is required for pursuing the profession/ vocation/ trade/
commerce/ manufacturing etc., and having good track records of paying various
Sales/Service/Value Added Taxes/ Excise/ Customs Duties etc. to the appropriate
authorities for a period to the satisfaction of the purchaser. A Bidder must have
proven ability for supply of the stores/ undertaking the services, as the case may be.

(f) “Stores” or “Services” shall mean the goods/ services listed in the schedule
below and any inclusion/ exclusion/ value‐addition shall be considered only with
respect to the original specifications/ requirements.

Page 2 of 23
 (g) “Bid” or “Tender” or “Offer” or “Quotation” shall mean a physical signed
documented submission or response by the interested Bidder in the prescribed
manner against the specified Tender Enquiry Notice or Request for Quotation
floated by the Purchaser, whether by direct invitation letter or by authentic e‐mail
or website or newspaper publicity, subject to the restrictions as may be delineated
hereunder.
2 Eligibility
Criteria
2.1. Ownership The Bidder must not be an individual but must be registered according to
the law of the country.

2.2 Credentials Bidders may preferably have proven track record in supplying the specified
item(s) either as Manufacturer or Authorized Representative/ Agent/ Dealer in
India, on behalf of an Indigenous or Foreign Manufacturer/ Principal, and shall
submit

a) Copies of Purchase Orders successfully executed, and,

b) List of Clients in India

a) For Repair cases, as may be required in the Scope Work below, the Bidder
should be either the Manufacturer of the system or an authorized Service
Centre/Provider of the Manufacturer, having a base office in India. In cases
where the Manufacturer does not have any service facility in India, the
Manufacturer itself may also participate.

b) For Maintenance Contracts, stretching for One Year or a shorter or longer

term as may be required in the Scope Work below, the Bidder should be
either the Manufacturer of the system or an authorized Service
Centre/Provider of the Manufacturer, having a base office in India. In cases
where the Manufacturer does not have any service facility in India, the
Manufacturer itself may also participate, provided that the specific
qualification terms mentioned below in this document are duly complied
with and does not prohibit a foreign OEM from such participation.
Wherever, standby arrangement or time‐bound response management is
included as a prerequisite, a foreign bidder or an outstation bidder must
check whether they can meet the requirement before bidding.

c) For cases where Services are required without involving any physical /
material delivery, the Bidder should satisfy the qualification criteria indicated
in the Scope of Services

d) For cases where Services are required and also physical / material delivery at
site is involved, the Bidder should satisfy the qualification criteria indicated in
the Scope of Services and should also fulfill the detailed conditions if
applicable.

e) Materials, wherever required in connection with the providing of service(s)

above, shall have to be of standard quality to the satisfaction of the
purchaser and also have to be genuine OEM’s product, if so required.

f) Bidders shall be capable of Delivery of Services/materials as per scheduled

time‐frame / interval, pre‐fixed duration and expected response time. They
must have requisite infrastructure for providing the supports which may be
inspected by the Purchaser, if so deemed necessary at any stage.

Page 3 of 23
2.3. Foreign Origin Bids containing offer for equipment(s) of foreign origin, should come either,
specific
a) Directly from the original foreign manufacturer in their letterhead and
duly ink‐signed; in such cases, it would be desirable if the bidding manufacturer
indicates the details of their authorized local agent(s) in India for offering pre/post‐
sales support for the item(s) offered;

b) Directly from the Indian Subsidiary office , in their letterhead duly ink‐
signed ;

c) From the authorized dealers / Suppliers / representatives in India, when

the foreign manufacturer is having no direct office in India, provided that in such
cases, the quotation of the local bidder should be accompanied by

(i) a quotation duly ink‐signed in the letterhead of the original foreign

manufacturer, submitted/forwarded by the dealer/ agent/ representative(s), and
accompanied by the document of authorization in their favour from the
manufacturer; or,

(ii) In case the bidder (Authorized Dealers / Suppliers /

Representatives in India) has not been able to submit the bid on the original
letterhead of foreign OEM and duly ink‐signed by OEM by the Closing Date of
tender, but has been able to submit only a replica (fax/ scan etc.) countersigned and
stamped by the local bidder (Authorized Dealers / Suppliers / Representatives in
India), then the bidder shall have to submit the same (original ink‐signed Technical
bid and Financial bid on the original letterhead of foreign OEM ) with a forwarding
letter at the time of evaluation and positively within the offered bid validity period
to qualify as having valid financial bids, failing which the bids shall be treated under
sub‐clause 2.3 (d) below subject to meeting the criteria specified therein. Be it
further noted that only the Foreign OEM shall be treated as Primary Bidder for
contractual purposes when coverage under this sub‐clause is granted, and for any
discrepancy noticed subsequently in the OEM’s Bid with reference to the
provisionally accepted bid from a local Indian counterpart, both the offers shall be
liable for rejection.

d) From Indian agents who want to quote directly on behalf of their foreign
principal should be enlisted as per GFR 143 with the Central Purchase Organization
(e.g. DGS&D).

2.4. Indigenous Bids containing offer for equipment(s) of indigenous origin, may come
Origin specific either, from the manufacturer or authorized agent / dealer in India. When the
bidder is not the manufacturer itself, he/she must submit the copy of authorization
letter from the manufacturer.

2.5. General Whenever a bidder submits bid on behalf of a foreign manufacturer, it shall
be binding on that manufacturer as well and a mere provisional qualification
admitted in techno‐commercial bid evaluation stage will not confer upon the local
authorized dealers / Suppliers / representatives any right to be considered for
award of the contract/order on behalf of their foreign counterpart unless their offer
is confirmed through the foreign Principal Bidder in writing in their original
letterhead.

Provided the local Indian Bidders should have due registration in the name
of their firm’s with the concerned govt. authorities for Sales Tax/ VAT/ Service Tax/
GST/Income Tax /TIN etc., and also furnish proofs of such documents along with
proofs of clearing Income Tax/ Sales Tax/ Excise Duty/ Other taxes and duties due to
Page 4 of 23
 the Government. The Bidders must have valid PAN /TAN Registration No. in their
firm’s name, with the Income Tax authorities.

3 Submission of
Bids
3.1. Price of the Bid This Tender Document is Free of Cost.
Document

3.2. Availability of Irrespective of a Single or Limited Tender invitation or Advertised

Bid Document Tendering, in all cases, the detailed bid document can be used / downloaded from
the website of the STQC Directorate, Department of Electronics and Information
Technology, MCIT, Govt. of India, New Delhi [ www.stqc.gov.in ] and also from the
Central Public Procurement Portal (CPPP) [ http://eprocure.gov.in/cppp].

3.3. Authenticity of The Bid Document as published in the above websites shall stand as the
Bid Document reference.

3.4. Method of Bidders must submit their Sealed Offers / bid(s) through SINGLE BID SYSTEM
submission as detailed below. Bids / Documents must be ink‐signed and sent and deposited
either by Post/Courier or dropped in the Tender Box available at the Purchaser’s
office and unless physically delivered in either of the aforesaid manners, no
submission will be deemed to be a valid bid for this purpose, except as mentioned in
Para 2.3.(c)(ii) above. Superscriptions like “Quotation for Tender No…………….……….
Dated ……….……….”, “Closing Date: ………………”, ““NOT TO BE OPENED
BEFORE……….……..” must be mentioned on the envelopes prominently and for
separate Tender item(s), separate bids should be submitted in separate covers.

The sealed bids which are not submitted with proper tender number and
due date, shall be liable to be rejected and the Purchaser shall not take any
responsibility whatsoever in this regard.

The E‐Mail address of the Purchaser mentioned in this Tender Document is

only for general communication purpose and Tenders shall not be sent to this
address.

Tenders hosted in STQC or CPPP website are only for publicity purpose and
do not imply or call for an electronic tendering or bidding by any intending Supplier
any way.

4 Contents of
the Bid
4.1. General Bids shall comprise of the followings:

Single Sealed Cover containing the Covering Letter in the Firm’s

Letterhead clearly mentioning the Tender Reference & Date, Technical and
Commercial Terms and Price along with the Requisite EMD/Bid Security

4.2. Techno‐ Techno‐Commercial Offer for all Technical and Commercial terms including
Commercial Price must be submitted by the firm, in their Letterhead together with the
Bid with Bid Specifications & Descriptive Literature etc., in a SEALED ENVELOPE addressed to the
Price DIRECTOR, ELECTRONICS REGIONAL TEST LABORATORY (EAST), Block‐DN, Sector‐V,
Salt Lake, Kolkata – 700 091, WEST BENGAL, INDIA, duly super‐scribed with Tender
Reference Particulars.

Page 5 of 23
 The Offer should contain details of following information / documents /
contents (excluding price and it’s break‐up) to be submitted in Firms Letterhead (in
a Sealed cover only) beside all other things :

a) Name & Address and Particulars of the Bidder;

4.3. Documents b) Original manufacturer’s authorization certificate when an Indian agent is
offering quote,
c) Central Purchase Organization (e.g. DGS&D) enlistment document(s), where
required
d) Bid Security / Earnest Money Deposit in due manner for requisite amount as
indicated herein below
e) Proof of past supplies to govt. departments in the form of copies of Supply
Order letters entered with the Govt. Departments etc., and a list of clients
serviced may be provided along with the value of contracts executed,
f) Copies of Sales Tax/ VAT/ Service Tax/ GST Registration, Professional Licenses
etc., ESI, EPF Registration, PAN Card, Income Tax Deposit proofs / Returns,
g) Detailed printed Literature with Technical Specification of the product(s)
offered; mere statement of compliance with published tender specification will
not be sufficient,
4.4. Information / h) Undertaking / Declaration to accept payments, if selected, through Electronic
Confirmation Fund Transfer method along with specific scheduled commercial Bank Account
Information, viz., Bank Name, Branch Address, Account Number, IFS Code (for
NEFT/RTGS), SWIFT Code (for FE Payments), MICR Code as well as PAN No.
using the prescribed format,
i) Payment Terms [ Preferred terms will be FOB for Items of foreign origin and
Delivery at Site for domestic supplies ‐ see Clause (12) below)
j) Payment method ‐ see Clause (12) below
k) Delivery Time required – see Clause (14) below
l) Country of Origin – see Clause (15) below
m) Delivery Terms and Port of Shipment shall have to be indicated (Part shipment
is not accepted, for imports) ‐ see Clause (16 & 17) below
n) Mode of Transport & Carrier ‐ see Clause (17) below
o) Insurance Coverage ‐ see Clause (19) below
p) Offer Validity ‐ see Clause (21) below
q) Performance Security Submission upon award of contract ‐ see Clause (24) below
r) Security Deposit ‐ see Clause (25) below
s) Guarantee and Warranty ‐see Clause ( 30 & 31) below
t) Inspection & Testing, Installation, Erection and Commissioning ‐ see Clause (33
& 34) below and
u) Any Other Commercial Terms

Please note that for any of the above clauses, if not otherwise expressly
disclaimed / mentioned in your quotation, our terms & conditions shall be deemed
to be accepted by you. The Purchaser may, at it’s discretion, opt to seek clarification
on any of the above points from the bidders.

Page 6 of 23
4.5. Price Break‐ PRICE should be indicated in the Offer mentioning the details of the applicable
up break‐ups and taxes and duties/levies etc. for all the Options quoted. All the
charges, tax components and payment of other statutory dues should be
separately indicated item‐wise as hereunder.

a) Serialized Item No.

b) Item Name with Description
c) Basic Cost
d) Price Basis (indicate for Domestic items Ex‐Works / FOR / Delivery at Site and
for Imported Items as FOB ) based on Clause (7) below
e) Discount(s) offered (indicate fixed or %age rates)
f) Amount & %age Rate of applicable Central Excise Duty
g) Amount with %age Rate of applicable VAT / Sales Tax/ GST/ Service Tax etc.
with Cess
h) Packing and Forwarding Charges, if any
i) Freight Charges, if any for indigenous goods
j) Operator’s Training Cost,
k) Insurance Cost for domestic supplies
l) Any other Cost
m) Total Price

4.6. Bid Security EARNEST MONEY DEPOSIT or BID SECURITY, as may be required herein
below, or any valid certificate of exemption, when the bidder intends to avail of
exemption from EMD submission, should be enclosed with their Quotation in the
same envelope.

The Bidders (except those registered with the DGS&D/ NSIC) must pay
the Bid Security (Earnest Money Deposit). Separate EMD for each equipment
items shall be submitted as indicated in this document. Consolidated EMD will not
be accepted. EMD will be accepted in the form of A/c Payee Demand Draft /
Banker’s Cheque / Fixed Deposit Receipt / Bank Guarantee from any commercial
bank in favour of "PAO, DIT, New Delhi”, which should remain valid for at least
Ten weeks , from the last date of submission of tenders, failing which their Bid(s)
will not be accepted by the Purchaser.

The Bid validity period, as may be offered (as per Cl. 21 below), may be
deemed to be prematurely expired, if an EMD/Bid Security instrument expires early,
unless due extensions are received by the Purchaser. In no case, the Bid and Bid
Security thereto shall be allowed to remain valid for a shorter period than the
minimum prescribed in this document. The Purchaser reserves the right to consider
bids having validity and seek EMD extensions for such bids.

The Bid Security / Earnest Money Deposit so referred to above should be

readily available with the bids in the Packet for “Technical Bid & EMD” at the time of
the opening the Tenders on the stipulated date and unless an exemption is sought
for with valid supporting documents, any isolated submission or a delayed
submission or attempt to submission after bid opening or expression of interest for
submission will not be treated as a valid submission of EMD/Bid Security.

An EMD instrument must be purchased after issue of and before closure of

the Tender concerned and a pre‐emptive buying of EMD instrument or a post‐
closing date issue of EMD will not be valid.

Page 7 of 23
 Provided that the Bid Security / Earnest Money Deposit will be liable to be
forfeited, if the Bidder subsequently fails or appears to be unable to comply with
the offer submitted, or withdraws or amends or impairs or derogates from the
tender in any respect within the period of validity of the tender; or within the
period of validity of the Purchase/ Work Order, if placed in due conformity of the
said tender. Any supplementation/ extension/ renewal / fresh consecutive
submission of EMD by bidders shall have to be unconditional and shall not involve
or necessitate a prior physical release or substitution of EMD instrument from the
Purchaser’s end. Be it further noted that a request for return of EMD furnished
before the expiry of Bid validity without an adequate substitution will amount to
withdrawal from the Bid.

Provided further that the Bid Security / EMD will also be forfeited, if the
bidder, after being issued with the Order, fails to submit the Order Acceptance in
writing within three weeks of Order or to furnish the requisite Performance Bank
Guarantee/ Security in the manner prescribed within the four weeks of Order
placement.

The Bid Security / Earnest Money of all the unsuccessful tenders will be
returned, after expiry of the final bid validity and award of the contract, or at an
early date as may be deemed fit by the Purchaser. The Earnest Money of the
successful bidder shall be returned only after the requisite Performance Bank
Guarantee/ Security is furnished in appropriate manner, or, if no PERFORMANCE
BANK GUARANTEE is required, after full compliance of the order, including the
warranty period. No Interest will, however, be paid on the Earnest Money Deposit.

4.7. Cancellation of Any Tender may be cancelled at any time and a re–tender process may be initiated
Tender by the Purchaser without assigning any reason whatsoever.
4.8. Change in In the offered Bids, No changes / alterations/overwriting is acceptable even if
Tendered Bids countersigned /attested by the Supplier. Withdrawal / resubmission of offers/bid by
a participating Supplier must be made by a dated ink‐signed letter in the firm’s
letterhead and submitted within the Closing Date of Tender submission.

For the cases of resubmission , the bidder must also submit withdrawal
letter followed by the fresh bid positively, failing which both the offers shall be
liable to be rejected.

A mere request for extension of closing date or for seeking clarification, even
if not responded, shall not tantamount an extension of time or suspension of the
tender process and a tender process shall continue in it’s normal course unless a
formal amendment or clarification is posted/published through the STQC and/or CPP
Portal. Publicity of such amendment or clarification through STQC and/or CPP Portal
shall be treated as sufficient communication to the intending Suppliers irrespective
of the fact as to whether any individual communication is sent to or received by
them or not in time.

Page 8 of 23
5 Primary The Bidder must not fail to submit the following documents with the Tender, in
Documents to absence of which, the Purchaser may not give any further opportunity for
be submitted submission and continue to finalize selection on the basis of available information /
with bid documents:
a) Bid Security/EMD for specified amount in required manner,
b) Original Manufacturer’s Ink‐signed Quotation,
c) Printed Technical Literature of product
d) Original Manufacturer’s Authorization Letter, where required,
e) Enlistment Certificate as Indian Agent from DGS&D
f) Undertaking for accepting payment by EFT
g) Tax Registration Information for such taxes/duties as are claimed
h) Bidder’s Letter of authority for representing at Bid Opening

Other documents, if applicable need also be submitted beside the above.

6 Pre‐Bid A Pre‐Bid Meeting will be held on the scheduled date and time, if so mentioned, on
Meeting the front cover of this document at this Laboratory premises. Interested Bidders
may participate in the meeting on due time and date, if so mentioned, with proper
authorization letter (in Company’s letterhead only) to have their doubts cleared. No
further clarification will be entertained in this regard beyond the Pre‐Bid Meeting.

7 Closing Date Duly completed Tenders should reach the address mentioned below on or before
17:00 Hours on the Closing Date as mentioned in this document and in the event of
the date being declared as a Closed Holiday for the Purchaser’s Office, the due date
for closing of the Tender will be the following working day at the prescribed time.

7A Opening of Bids Tenders shall be opened at 11:00 hours on the Date following the Last Date of
Submission of Bids (Closing Date) in presence of the bidders or their authorized
representative(s) who may choose to attend on the specified date and time at the
premises of the Purchaser with proper authorization letter and Identity proofs. The
venue, date and time may be changed at the discretion of the Purchaser

8 Evaluation of Bids without valid EMD or EMD exemption proof shall be rejected. Bids as are
Bids not rejected would be treated as responsive bids and count for evaluation.

The Purchaser shall have full right to seek clarifications from the participating
Suppliers at any stage after or before the opening of the bids.

Technical evaluation will be done first and Price(s) of only the technically
compliant / qualified bidders will be evaluated. Price(s) will not be taken into
account for comparison unless the technical requirements are fulfilled.

Evaluation of the bids will be done on the basis of :

a ) compliance of eligibility requirements of the bidder;

b) compliance with the technical specifications of the item; and

c) compliance with commercial including financial and other terms & conditions
of the tender

Page 9 of 23
9 Selection of Selection of the Bidder will be done in accordance with the prescribed norms
the Bidder and rules of the Government of India. Canvassing in any manner will render a bidder
disqualified for consideration, at any stage in the process of tender evaluation.

10 Results of The result of Bid evaluation will be published through STQC and CPP Portals once the
Evaluation Purchase order is placed.

Chapter – II : Conditions of Contract

11 Price
Determination
11.1. Foreign When the stores is/are required to be imported from overseas countries,
currency Base Bidders are primarily required to quote their Price at the FOB Port of Shipment
Price For Goods Value for the stores, in foreign currencies. The authorized Dealers / Suppliers /
Not Representatives in India, whose bids are provisionally admitted for consideration
Manufactured specifically under Para 2.3(c)(ii) above, will be allowed to furnish offer in foreign
in India currency provided that the bids will stand summarily rejected, without service of
any notice by the Purchaser if the ink‐signed original Bid from OEM does not
reach us before evaluation and within the offered bid validity period.

11.2. Deriving FOB If the price is quoted for Ex–Works/ Ex–Factory Value, Packing, Handling &
Price transportation charges up to the Port of Shipment should also be mentioned to
arrive at the FOB Port of Shipment value.

11.3. Elements of Freight will be payable at the destination. Therefore, if the bid is at CIF
Price value, the element of Freight as well as Insurance must be shown separately.

11.4. Applying Bidders should clearly mention the Classification Code for the Importable
duty/tax Item(s) offered.
exemptions
The duties payable to the Customs, or, charges payable to the Carrier (when
freight is payable at destination) or, charges payable to the Airport authorities
etc., if any, at the port of discharge will be borne by the Purchaser. However, the
Supplier will have to arrange for sending Advance Documents as may be
required in the Purchase Order/ Contract to the Purchaser in time.

11.5. Indian Rupee For Foreign‐origin equipments, Indian Rupee Offers will be liable for
offer For rejection.
Foreign Goods

11.6. Price For Goods The price should be the nett value comprising Ex–Works price, Packing &
Manufactured forwarding charges indicated separately.
in India
Delivery of goods should be up to the Purchaser's premises.

11.7 Applying The Bidder must indicate the applicable rate of Central/ State Excise Duty /
duty/tax Service Tax/ VAT for the item(s)/services offered subject to their proper tax
exemptions for registration in regard of this taxes/duties. However, the Purchaser is exempt from
End User paying Central Excise Duty for which the Exemption certificate may be made
available with the Purchase Order. Central Sales Tax / VAT / GST will be paid at the
applicable rate at the time of payment but not before the actual delivery and
Page 10 of 23
 satisfactory acceptance/ installation of the stores.

11.8. Exclusions Irrespective of the provisions above‐mentioned, any charges towards

Freight or Insurance or Inspection or Survey or Customs Duty or Warehousing/
Cargo handling by Carrier/ Forwarder/ Port Authorities or Goods Clearance
Charges, payable for any second or subsequent occasions, owing to wrong
shipment, replacement for defects under warranty or erroneous documentation,
must be borne by the Supplier. The Supplier or it’s local agent shall have to bear
any charges due to the Bank etc. on account of any amendment in LC/
Documents, if it/these is/are required for convenience on account of shipper.

11.9. Ownership The purchaser shall have full right/ title/ ownership of any Articles/ Goods as
of goods are delivered or in transit after shipment or paid for in advance or booked through a
when LC is confirmed LC or if any tax/duty exemption certificate is issued, under orders of the
retired or said purchaser. In such cases, without the written consent of the purchaser, the
Advance is articles/goods shall not be exchanged, altered, modified, returned or redirected by
remitted or the Supplier / agent. In such cases, the supplier shall be required to obtain formal
CDEC is written consent of the Purchaser for taking any such action even when delivery to
issued the purchaser has not been made.

12 Payment
Terms
12.1. FE Payments For Goods which require import from overseas countries, the Purchaser will
prefer, in the following sequences, to pay the Supplier through the following
methods upon receipt of the due PERFORMANCE BANK GUARANTEE and / or
Security Deposit or delivery as the case may be:

i) Irrevocable Documentary Letter of Credit through Bank;

ii) In exceptional cases, Advance Electronic Fund Transfer / Telegraphic

Remittance against Bank Guarantee for equal amount either by Principal or
authorized Indian Agent from a commercial bank in prescribed format for full
amount for a validity extended to such period so that the delivery, inspection,
acceptance and installation is fully covered,

In case the Bank Guarantee is submitted from a foreign bank, it should be

confirmed by an Indian Commercial Bank.

The exchange rate for foreign currency shall be determined on the basis of the
rate prevalent on the date of opening the LC or Advance remittance. No Bank
Charge(s) outside India shall be borne by the Purchaser.

12.2. Rupee For goods manufactured/ produced locally in India, the Purchaser will prefer,
Payments in the following sequences, to pay the Supplier:

i) After actual delivery against pre–receipted Invoice/ Bills submitted in

triplicate along with proof of delivery and Certificate of Acceptance and/or
satisfactory Installation ;

ii) In exceptional cases, Advance Payment against Pro–forma Invoice may be

given against equivalent Bank Guarantee.

Page 11 of 23
12.3. Quantum of For securing full or Part Payments, the selected supplier must furnish the
Payment to requisite Security Deposit and / or applicable Performance Security/PERFORMANCE
be released BANK GUARANTEE, which will be released later , i.e, SECURITY DEPOSIT after
satisfactory Installation/ Commissioning/ Acceptance and PERFORMANCE BANK
GUARANTEE after due time as mentioned herein below.

For LC cases involving FE payments,

a) 90% of payment against shipping documents, after submission of

PERFORMANCE BANK GUARANTEE for 10%, followed by, 10% payment (kept as
Security Deposit) after satisfactory Installation, Commissioning and Acceptance;

b) 100% payment against shipping documents , Performance Bank Guarantee

for due 10% and SECURITY DEPOSIT for further 10% of gross order value;

For cases involving FE Payments through Tele‐Transfer, where the Purchaser

may deem the cost of opening LC considerably uneconomic vis‐à‐vis the sum to be
paid to the vendor,

100% payment against Pro‐forma Invoice with, 100% Bank Guarantee as

Primary Security, Performance Bank Guarantee for due 10% and SECURITY DEPOSIT
for further 10% of gross order value

For INR payments,

80% of payment against delivery, and balance 20% after satisfactory
Installation, Commissioning and Acceptance, PERFORMANCE BANK GUARANTEE
for 10% will be required prior to delivery

12.4. Bank For all types of payments as indicated above and as may be contracted
Information finally, the Bidder is bound to disclose the requisite information with regard to it’s
bank account for establishing necessary communication and / or for making
transactions for receiving payments. The Bank Information shall include Bank Name,
Branch Name and Address, Bank Account Name, Account Number,
SWIFT/RTGS/NEFT/IFSC Code(s) of the Bank, Bank Routing No., IBAN No., Bank Sort
Code etc., as applicable.

13 Measurement The Accounting/ Technical measurement units used in the offer should be
Units only in recognized Indian or International Format. In the event of the Supplier’s
practice of different measurement standards, the equivalence information should
also be given.

14 Period of This should be specifically confirmed or otherwise mentioned by the Bidder.

Delivery If the bidder fails to supply the stores/ perform job(s) within the guaranteed date,
the Purchaser reserves the right to cancel the entire Order or part thereof, without
any reference, or to place order to another bidder for the same and identical
stores/ job(s) of equal quantity/ volume or a part thereof, before or after
cancellation of the Order or to forfeit the amount guaranteed through the
execution of the Performance Bank Guarantee, if any.

15 Country of The Supplier is required to indicate in the offer, the Country of Origin of the goods.
Origin Ordinarily, Certificate of Origin is required for all imported item(s). The Supplier
and/or it's local agent in India shall be responsible for due observance of all relevant
legislation of the Country of Origin as well as International Conventions, as

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 applicable, without any repugnance to the laws of the Importer's country.

16 Port of The Manufacturer/ Overseas Principal must clearly indicate in the offer the
Shipment Port of Shipment / Dispatch.

17 Mode of For all imported goods, by Air. In special cases, Ship or Postal delivery may
Dispatch be accepted.

For indigenous goods, by Rail/ Road or in special cases, by Post, as may be

suitable. Normally, Trans‐shipment and Part Shipment will not be acceptable,
exceptions being subject to purchaser’s discretion. Delivery shall always be
preferred at Door, i.e., up to Lab premises. For intangible products like Software
and/or E‐License (excepting Media) or Services requiring delivery at a location off
the Purchaser’s premises, the Bidder must indicate the method of delivery planned.

18 Forwarder/ Generally, Air India will be the Carrier for imported item(s) from overseas
Carrier countries unless there is no direct link between the Port of Shipment and the Port of
Discharge. The Carrier, if chosen by the Supplier, should be able to deliver goods at the
Port of Discharge direct. In respect of an indigenous item, the Supplier may choose the
carrier. The Laboratory will not arrange for pick‐up of any cargo from any Supplier’s
point of sale and it will be the responsibility of the Supplier(s) to arrange for
dispatch/shipment through bona‐fide forwarding agency for delivery to Purchaser.

19 Insurance The Purchaser will provide a marine Insurance cover for all imported goods.
However, the bidder should indicate the Insurance cost, which the Purchaser may
choose to bear if necessity so arises, the Insurance being arranged by the Supplier.

20 Port of The Port of Discharge / Ultimate Destination for all imported consignments shall
Discharge be as below.

One no. Item(s) at ERTL(E), India

Trans‐shipment will not be preferred except in exceptional cases; even when such
trans‐shipment is allowed, the responsibility of discharge of goods at the ultimate
destination shall vest upon the Supplier only. For indigenous consignments delivery at
door should be made. For intangible assets like Software and/or E‐License (excepting
Media), delivery shall have to be made effective at the desired location through
purchaser’s designated connection. For services deliverable at an off‐site location
beyond purchaser’s premises, delivery will have to be made through authenticated
transactions acceptable by the Purchaser.

21 Validity of Should be at least for Four months from the date of Closing of tenders, which
Offer may be extended at the request of the Purchaser.

22 Deviations For Buying of domestic products Provisions of GOI, MCIT, DEIT Notification No.
8(78)/2010‐1PHW dated 10‐02‐2012, as may be amended from time to time, shall be
applicable.

23 Confirmation Purchase / Work Order, if any, issued by the Purchaser, to the successful bidder
Of Order & shall generally be confirmed by the Supplier/service provider within 4 weeks from the
Submission date of issue of the Order. The Confirmation must be accompanied by the requisite
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 of PBG & Performance Bank Guarantee and/or Security Deposit, in the due manner and Pro‐
Pro‐forma forma Invoice for LC opening etc.
Invoice

24 Performance The successful bidder awarded with the Order shall have to submit, within four
Security / weeks of Order, either by itself or by the local Indian office / agent, a Performance
Bank Security/ Bank Guarantee @ 10% (ten per cent) of the Gross Order Value in equivalent
Guarantee Indian Rupee. Performance Bank Guarantee must be made valid till the end of the 2nd
(second) month beyond the expiry of the all contractual obligations including the
Warranty obligations calculated from the date of installation (for supplies and/or
services). In deserving cases, including cases where an advance payment has been
required by a selected Supplier, the ceiling of Bank Guarantee will be higher than ten
percent of order value.

A general model Format may be made available when the Order is issued.

The PERFORMANCE BANK GUARANTEE will be forfeited in the case of failure of

Supplier to comply with any Order Terms and conditions. Failure to make timely
delivery or provide after‐sales services during warranty period will constitute, along
with other clauses, valid ground(s) for forfeiture of PERFORMANCE BANK GUARANTEE.
The PERFORMANCE BANK GUARANTEE will be released for supplies duly made and
accepted followed by satisfactory compliance of warranty obligations including the
cooling‐off period for the duration mentioned hereinabove.

25 Security The selected Bidder will submit a Security Deposit, in addition to the
Deposit Performance Security / PERFORMANCE BANK GUARANTEE as below, in the following
cases:

a) For LC cases involving FE payments, if 100% payment is required against

shipping documents , SECURITY DEPOSIT for 10% of gross order value will have to be
furnished;

b) The Deposit is to be made in the same manner and form as for the
PERFORMANCE BANK GUARANTEE mentioned above;

c) This Security Deposit for 10% or 20%, as the case may be, if received, will be
refunded only after satisfactory acceptance and successful Installation /
commissioning of the Equipment;

d) Whenever it becomes imminent that a supplier’s obligations under the

supply order including warranty may not be satisfactorily completed within the
validity of the Security Deposit or PBG, the said Bank Guarantee /SD/PBG
instrument shall have to be extended by the supplier at their own expenses for such
time as may be required.

26 Delay in Delay in supply / delivery and commissioning will be counted from the expiry of
Delivery & agreed delivery time as per contract, commencing from the date of opening of LC or
Commissioning Advance Remittance or a Order confirmation (for INR Order) as the case may be.

The Purchaser may extend time for delivery against a valid request in writing
and unless such extension is granted, the delay will continue to be liable to be
charged with penalty / liquidated damages etc. as well as to attract provisions like
Page 14 of 23
 forfeiture of EMD/Security Deposit/Performance Security etc.

27 Recoveries The Purchaser shall have full right to recover any applicable Taxes/ levies &
from deductions etc. as may be due under extant rules, which will be deducted at source
Payments due from supplier’s bills.

28 Penalty / The Purchaser may, in applicable cases, fix/charge rate of penalty / Liquidated
Liquidated Damages to be recovered (in addition to forfeiture of/ invoking of Security Deposit
Damages and/or Performance Security) from the supplier, when the failure of the supplier to
comply with the order for supplying goods/ providing services is likely to/ has actually
caused material/substantial losses to the Purchaser due to delayed / incorrect supply
of stores/ inconsistent /negligent services.

Depending on the nature and value of the goods to be ordered and the urgency
of the requirement, 0.5% of the delivered price of the delayed goods may be
deducted for each week or part thereof

29 Termination of The Purchaser reserves the right to indicate crucial date(s) for delivery and/or
Contract installation, in it’s order, failing which the contract / order shall become invalid:

30 Availability of Generally, the bidders should have maintenance / service facilities for the
Spares tendered item(s) in India, preferably in Kolkata, India.

The Bidder(s) are required to provide detailed plan/arrangement for such

warranty services on site through their own branch office / service centre etc. in
the city of Kolkata, India. If the bidders plan to provide such services through a
local dealer / service provider in absence of their own arrangement, they shall
provide the details of such service points with an undertaking with their Techno‐
Commercial Bid with Price Break‐ups.

31 Warranty The Offer should contain specific Guarantee and/or Warranty clause(s).

Minimum Twelve Months from the date of commissioning or Fifteen Months

31.1. Warranty from the date of shipment, whichever is later, should be allowed as Warranty
Terms Period.

The Purchaser will not bear the cost of the item(s) and related duties and
levies, which may come as Replacement of the original stores or spares as a result
of faults noticed at the time of Installation or during the currency of the warranty
period. The OEM/ Supplier/Local Agent is required to eliminate the fault(s)
occurring during the Warranty period without delay by repair, improvement or
replacement of parts or whole equipment, as may be necessary, at their own cost.

The satisfactory completion of the standard or extended warranty period as

per Order terms followed by a performance certificate by the Purchaser / user
laboratory shall remain as a precondition to the release of PERFORMANCE BANK
GUARANTEE.

31.2 Continuance The OEM/Bidders will have to indicate the minimum period of support with
Period of spares and services for the offered Item(s)
Technology
supports

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32 Operation/ The Bidder shall have to make provide the Operating & Service Manual and
Service valid Calibration Certificate, if any (in English Language) as per requirement.
Manuals

33 Inspection & Goods delivered will be inspected at the Purchaser’s premises and will be
Testing rejected if they do not conform to the standards, specifications and drawings
prescribed in the PO. Pre‐dispatch inspection may be allowed in deserving cases,

Stores rejected on inspection/ test will have to be replaced by the Supplier

free of cost including charges for packing, forwarding/ handling, shipping/
transportation, Banking and also the charges for collection of documents, delivery
at the Purchaser’s premises, if any, plus all other charges as may be payable, must
be borne by the Supplier and/or their Local Representative.

34 Installation & After satisfactory inspection/ test of the stores by the Purchaser, the
Commissioning Equipment/ Machinery/ Plants will have to be installed/ commissioned by the
Supplier at the location as may be specified by the Purchaser, free of charge. Cost
of Site preparation will be borne by the purchaser.

35 Arbitration Mode of settlement of any disputes/differences shall be through Arbitration.

However, when a dispute/difference arises, both the purchaser and the supplier
shall first try to resolve the same amicably by mutual consultation. If the parties
fail to resolve the dispute by such mutual consultation within twenty‐one days,
then, depending on the position of the case, either the purchaser or the supplier
shall give notice to the other party of its intention to commence arbitration as
hereinafter provided:

i) When the contract is with domestic supplier, the applicable arbitration

procedure will be as per Indian Arbitration and Conciliation Act, 1996 by an
arbitrator duly appointed by, Director General, STQC Directorate, DeitY, MCIT,
Govt. of India, New Delhi.

ii) When the contract is with foreign supplier, the supplier has the option to
choose either Indian Arbitration and Conciliation Act, 1996 or Arbitration in
accordance with the provision of UNCITRAL (United Nations Commission on
International Trade Law) Arbitration Rules.

36 Settlement of Disputes, if any, as may be emanated from this bidding process/ resultant
Disputes contract, shall be interpreted only under the relevant Laws of the Union of India
and Jurisdiction for settlement of dispute, if arises any, shall be Kolkata, India.

Chapter – III : Schedule of Requirements

37 Requirements Bids are required for the following items under this Tender(s).

S/N Nomenclature of Stores / Services Qty. Tender No. Closing Date

1 Pink Noise Generator One OT‐108/2014‐15 19‐Sep‐2014

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 Chapter – IV : Specifications & Allied Technical Details

38 Specification of Stores / Services Pink Noise Generator

S/N Parameters Criteria & Deviation etc.

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S/N Parameters Criteria & Deviation etc.

Page 18 of 23
 Detailed General and Commercial terms and conditions are stated hereinbefore.

Chapter – V : Price Schedule

39 Estimated Price

Tender No. Nomenclature of Stores / Services Estimated Bid Security

Tender Value (in Rs.)
(in Rs.)
OT‐108/2014‐15 Pink Noise Generator Not Specified Rs.16000/=

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 EXPLANATORY NOTES

This Explanatory Note is issued in the interest of the intending bidders in respect of the subject Tender for
greater clarity of the issues and do not imply any modification or departure from the original terms and
conditions and specifications of the Tender Document mentioned above only.

Note: 1 Eligibility Though the Items are placed under Open Advertised Tender category, it is
important to note that some basic criteria have been set in the tender
documents, which shall have to be met by all intending bidders from open
market to qualify. Bidders are therefore specifically advised to check the Tender
Document carefully as to whether they really can meet the eligibility criteria
and participate in the Tenders. It should not so happen that only due to lack of
some specific documentary proofs, their offers are rejected instantly.

Note: 2 Bid Bids will have to reach at Purchaser’s office in time by post or by hand in sealed
Submission cover(s). No online submission is called for. Only Bids and not advance
photocopies are invited.

Note: 3 EMD EMD/Bid Security can be furnished through the instruments mentioned in the
tender document drawn in favour of “PAO, DIT, New Delhi” and no Online EMD
Payment please.

It may be indicated here that the PAO, DIT, New Delhi, is holding the principal
Pay and Accounts office of the STQC Directorate, Department of Electronics &
IT, Govt. of India, under which this Laboratory is functioning as a subordinate
office. Hence, all payment on account of EMD/Bid Security will have to be
drawn in their favour as indicated. Any instrument executed in favour of any
other name may be rejected.

a) When an exemption is sought for from EMD submission, the waiver

document, viz., DGS&D / NSIC Registration certificate etc. must be for the
specific category of item tendered and remain valid for not less than the period
required for EMD. As regards the premature expiry, Waiver document(s) will be
treated at par with the EMD instruments. A mere assurance for extension of
EMD or renewal of Waiver Document will not be sufficient for considering an
EMD/Waiver and for that reason, a Bid, valid.

b) EMD is for a fixed sum and shall not vary with the price offered. EMD
amount need not be considered to be proportionate with cost estimation.

c) When EMD through Bank Draft, the Draft should be payable at New Delhi.

d) When EMD through Bank Guarantee, the text should be as in the Model BG

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 Format attached herewith.

e) EMD or Waiver Document should not be kept in Price Bid Cover (in two‐bid
cases).

Note: 4 Payment Payment in general, is primarily related to presenting actual shipping

documentation through Bank as per LC terms, if any, or to actual delivery at
consignee point. A part of the payment (ranging 10 ‐ 20%) is to be kept as
Security Deposit, unless it is furnished by BG, which is payable after satisfactory
installation. Another part of payment (10%) is to be kept as Performance
Security for the period as may be indicated in Order, which may also be claimed
against submission of a PBG separately. The PBG is to be released after
satisfactory performance certification. Performance will remain linked with the
assured coverage length of warranty and/or license plus the period indicated in
order.

A further Security by Bank Guarantee etc. will be required if payment terms like
Tele‐Transfer etc. is preferred, which involves an advance payment. As
discussed in the Tender Document, this mode of payment will be resorted to in
exceptional cases only.

Note: 5 Delivery In some cases, it may happen that delivery is required at multiple location,
bidders should assess the cost accordingly and quote. In such cases, the specific
consignee details will be made available at the time of order placement and
consignees shall provide documents like road permit etc. as may be applicable
in the respective state.

Note: 6 Pricing Please avoid pricing other than FOB. Other price terms may invoke request for
clarification / break‐up of price from our side, which may waste further time for
settlement.

Note: 7 Installation It is expected that you indicate the set up requirements at site in your bid itself,
so that the Purchaser can foresee the actions due and the actual installation is
not delayed.

Wherever so required, Installation shall be deemed to include Physical

Commissioning and satisfactory Working for such a time and/or cycle as is
necessary to establish the assured results. For Software, installation includes
Activation / Registration / Accessibility permission as may be applicable.

Note: 8 Technical The technical requirements / specifications are made generally on a broad‐
Requirements based manner (except where a proprietary nature is indicated explicitly) and
‐ General contain the bare minimum requirement.

Wherever, compatibility issues are included, these have to be satisfied,

irrespective of the advanced features as might be otherwise offered.

Bidders may, for a better understanding and consistent evaluation, clearly

indicate the equipment with accessories clubbed together to meet the

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 prescribed minimum specifications and then offer other accessories / value
additions.

Model Format for Bank Guarantee towards EMD

To

The President of India

Through The Pay & Accounts Officer (PAO), DIT

Government of India

6, CGO Complex Lodhi Road,

New Delhi – 110 003

Whereas ________________________________ (hereinafter called the “tenderer”) has submitted

their offer dated ____________ for the supply of _______________________________________ (hereinafter
called the “tender or bid”) against the purchaser’s tender enquiry No. ______________________________.

KNOW ALL MEN by these presents that WE ________________________________________ (Bank

Name) of _________________________________________________ having our registered office at
__________________________________ (Address) are bound unto the PAO, DIT, New Delhi (hereinafter
called the “Purchaser) in the sum of __________________ for which payment will and truly to be made to the
said Purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed with the Common
Seal of the said Bank.

This___________ day of _______________20____

THE CONDITIONS OF THIS OBLIGATION ARE :

(1) If the tenderer withdraws or amends, impairs or derogates from the tender in any respect within the
period of validity of this tender.

(2) If the tenderer having been notified of the acceptance of his tender by the Purchaser during the period
of its validity :‐

a) If the tenderer fails to furnish the Performance Security for the due performance of the contract.

b) Fails or refuses to accept/execute the contract.

WE undertake to pay the Purchaser up to the above amount upon receipt of its first written demand,
without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note
that the amount claimed by it is due to it owing to the occurrence of one or both the two conditions,
specifying the occurred condition or conditions.

This guarantee will remain in force up to and including 45 days after the period of tender validity and
any demand in respect thereof should reach the Bank not later than the above date.

_______________________________________

(Signature of the authorized officer of the Bank)

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 ____________________________________

Name and designation of the officer

______________________________

Seal, name & address of the Bank and address of the Branch

Page 23 of 23